Text
1. The Defendant: KRW 546,420, and each of the above KRW 546,420 to Plaintiff A, Plaintiff C, and Plaintiff E, respectively.
Reasons
1. Facts of recognition;
A. On April 12, 2016, each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) is a land under the circumstances of the Plaintiffs’ lighting, and on April 12, 2016, Plaintiff A completed registration of preservation of ownership as to the portion of 6/10, Plaintiff B, C, D, and E, respectively.
B. The Defendant occupied and used each of the instant land by providing it as a road under his/her own management, and acquired through consultation on October 26, 2016 with respect to the Plaintiff’s share among each of the instant land, and on October 31, 2016 with respect to the remaining Plaintiffs’ share.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 2, 5 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. According to the facts as seen earlier prior to the determination of the cause of the claim, the Defendant occupied and used each of the instant land owned by the Plaintiffs as a road without a legitimate title. As such, after the Plaintiffs acquired the ownership of the instant land, the Defendant is obligated to refund the amount equivalent to the royalty from July 27, 2011 to the date before the Defendant acquired each of the instant land through consultation, as sought by the Plaintiffs.
Furthermore, the amount of the unjust enrichment is examined as follows, and the amount of profit from the possession and use of the real estate in ordinary cases is the amount equivalent to the rent of the real estate.
According to the result of the court’s entrustment of appraisal of rent, the fact that the usage fee of land from July 27, 201 to July 26, 2016 for each of the instant lands was 5,138,000, and the usage fee of land from July 27, 2016 to May 31, 2017 (308 days) is 1,014,90.
Therefore, when calculating the user fee per day during the 308-day period, 3,295 won is as follows.
FGH IJ, however, the Defendant acquired the remaining shares of Plaintiff A on October 26, 2016 by agreement on October 31, 2016, respectively, with respect to the shares of Plaintiff A.